Unit 4 - Anti-Government Claims Flashcards
FTCA claims apply to claims for accidents/incidents arising where?
US and its territories
What 3 things determine the “scope of employment” in FTCA claims?
- Time, Place, Purpose of activity
- Activity furthered the general interest of AF
- AF owned or furnished the property that caused the damage/injury
For FTCA claims, what would apply to pay a claim, if not specifically outlined?
State law
What are 4 examples of FTCA claims that are NOT payable?
- Intentional torts
- Claims in foreign country
- Claims from non-combat & combat activities
- Military mbrs f/ personal injury incident to svc
According to the FTCA, who are proper claimants?
- Persons suffering damage/injury/death under circumstances that the US, if private person, would be liable
- Military mbrs/federal employees incident to svc
According to FTCA and MCA, what document must the claim be on and what is required to make it a VALID claim?
- SF 95
- signed and sum certain
What side of the SF 95 must the receipt be completed on?
Left-hand side (time and date, name, and office symbol)
What is the statute of limitations for FTCA and MCA claims?
2 years from date of accident/incident
How many months does the government have to settle FTCA and MCA claims?
6 months
Who is the settlement authority for an FTCA claim totaling $25K or less?
Base SJA (can be delegated to subordinate paralegal)
Who is the settlement authority for FTCA and MCA claims exceeding $25K and how soon must they be forwarded?
JACC; 72 hrs of receipt
What can a FTCA claimant do if their claim was denied?
- File suit in US district court w/in 6 months
- Request reconsideration
MCA claims apply to claims for accidents/incidents arising where?
Overseas on a military installation, miltary on base, NCA claim, or foreign military in US
What type of claim is caused by non-combat activities and considered an “act of grace”
MCA
Who are proper claimants for MCA claims?
- US citizens
- US military psnl f/property damage
- US federal civilian employees f/property damage
- Foreign military psnl when damage/accident occurs in US
- State, state agency, or subrogee
What type of claim is an activity other than war/armed conflict that is military in nature, has little parallel in civilian pursuits, and is historically considered as furnishing a proper basis f/ claims
NCA Claim
What type of claim requires a causal connection; not proof of negligence?
NCA Claim
What is used to relieve an immediate hardship as the result of the US’s action?
Advance payment
Who needs to give approval for an advanced payment of $25K or more?
TJAG
Can a base SJA delegate approval authority to a paralegal in an MCA claim?
No
Under MCA, if a settlement cannot be reached, what happens?
It is denied
How many days does a claimant have to appeal a denial of their MCA claim?
60 days
